The CAN SPAM Act

David Allen Rose

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Government Contract Attorney

Contributor Level 11

Posted over 4 years ago. 3 helpful votes

Email

1

Header information must clearly convey who the message is from.

Your "From," "To," "Reply-To," and routing information -- including the originating domain name and email address -- must accurately identify the person or business who initiated the message.

2

Subject lines must clearly convey the actual subject. No deception!

The subject line must accurately reflect the content of the message.

3

Identify the message as an advertisement.

Although there are various ways to convey this in the law, you must disclose clearly and conspicuously that your email is an advertisement.

4

You must list a valid return address.

Your message must include a valid physical deliverable postal address. This can be a current street address, a PO box registered with the U.S. Postal Service (many companies use these for mail), or a private mailbox (mailboxes or us for instance) you've registered with a commercial mail receiving agency authorized and established under Postal Service regulations.

5

Recipients must have the ability and be told how to "opt out" of future mailings.

Make sure this is somewhat conspicuous and easy to do. Be sure responses do not encounter your spam blocker.

6

Track "opt out" requests and act on them quickly.

The opt-out option must be good for 30 days and activate within 10 days of the request. You can't charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don't want to receive more messages from you, it is wise to delete their email address to avoid an accident such as selling their email address, etc. The only time you may wish to retain an opt-out address is if you wish to give it to a company you've hired to help you comply with the CAN-SPAM Act.

7

You are liable even if you hire a third party to do the email marketing for you!

This simply means that both you and the third party marketer are equally liable if they violate the provisions so be alert to what is going on in your internet marketing department.

Additional Resources

Please feel free to contact us if you have any questions regarding this Act, or any other issues on which you may need further clarification. This information is provided to assist you and should not be construed as legal advice. Always consult an attorney before making any decision which may impact your business.

Rose Consulting Law Firm

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